Should I call acs or wait til court date

Asked about 1 year ago - Brooklyn, NY

My girlfriend has been living with me since our daughters birth 3 months ago which ive been the primary caretaker of them both. She ups & leaves without probable cause & gets a order of protection against me for no reason which hasent been served. I filed a DIR for custodial interference. I have a court order to come to for custody next month but in the mean while I havent seen my daughter or been able to contact mother. Girlfriends mother whos always drunk thinks im her son when I call her tells me my daughter almost was kicked off of a bed and is sleeping on a airbed at a relatives house. Im concerned of her safety. I also have my daughters medication that she takes daily which her pharmacy call me for every refill. This is neglectful to me. Should I call asc.

Attorney answers (3)

  1. David Zaslavsky

    Contributor Level 19


    Lawyers agree

    Answered . While you should be careful in involving ACS, this may be what is required here. At the very least, your child's medication is not being taken by your child and that needs to be happening. If the mother is not doing what is required medically for the child, that is medical neglect.

    It also sounds like you need an attorney to represent you here.

  2. Gary Burton Port

    Contributor Level 14


    Lawyers agree

    Answered . David is correct about dealing with ACS. If the medication is for a serious condition, then you might have no choice but to call. Be aware that once ACS gets involved, you will be examined as well. You should consult with an attorney to go over everything before you act.

  3. Peter Christopher Lomtevas


    Contributor Level 20

    Answered . Welcome to our circle. Your DIR will go nowhere. Her TOP will become effective upon service (or she can fabricate proof that you were served when in fact you were not). Your assertions that the child was kicked off a bed have been used in prior cases so you have to come up with new allegations none of which will matter.

    You were not the primary caretaker of both mother and child. Mother will counter your assertion with the domestic violence allegation. Your petition for custody comes at the wrong time.

    So the mother outmaneuvered you by striking first with a family offense petition. You are taking actions that cone intuitively but are all wrong. You cannot face family court because you don't know what you are doing.

    You need a family attorney who can navigate through family court. Otherwise, you may find yourself in some hot water.

    Good luck.

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